E-Discovery Practice
Our Experience
The 2006 amendments to the Federal Rules of Civil Procedure aren't news to us. Sutherland lawyers and professional staff have been managing Electronically Stored Information ("ESI") for the last 25 years in civil litigation and government investigations.
We were early adopters, embracing technology in discovery and in the courtroom in the early 1980s, when we worked with a major insurance company to store data on its mainframe computers for use in shareholder litigation and a series of reinsurance arbitrations. Our lawyers first used a computerized database at trial in 1984.
Our ESI experience since then includes:
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Cutting Discovery Costs Through Customization – Through careful analysis of client documents and filing systems and opposing party materials, we consolidated millions of pages of discoverable material into a streamlined, searchable database for use in trial and arbitration. This process saved our client hundreds of thousands of dollars compared to expenditures by the opposing parties and outside quotes for the same service.
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Collecting and Using ESI Around the World – In construction litigation, we assembled databases of millions of pages of documents, collected from locations around the world, and then used those databases at hearings held in The Americas, Asia and Europe.
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Satisfying the Demands of Regulators and Prosecutors – We supported Hart-Scott-Rodino pre-merger reviews by producing databases containing large volumes of corporate documents in the format required by the Department of Justice, with minimal interruption to the companies' ongoing operations. We also have advised broker-dealers and other regulated companies on e-mail retention compliance.
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Handling Emergency Forensic Cases – To protect trade secrets from misappropriation by a client's competitor, we obtained a TRO requiring immediate preservation of ESI, followed by a preliminary injunction requiring forensic review of all data storage devices and comprehensive keyword searches. This effort resulted in discovery of ongoing communications between the competitor's employee and the client's key supplier.
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Automating Review – We use innovative software to automate coding and initial review of databases containing millions of pages of electronic and scanned paper documents in professional liability, securities enforcement, and other major defense cases.
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Consolidating Essential ESI From Large Organizations – We regularly represent major national and international businesses with multiple locations and develop ESI collection plans that identify and consolidate all responsive ESI. For a major securities broker-dealer client, we worked with other outside and inside counsel to construct a database containing hundreds of millions of documents, consisting of analyst e-mail concerning numerous stocks that were the subject of customer claims. This database is used by all outside counsel defending such claims against this client.
Our Philosophy
In addition to addressing e-discovery issues in litigation, we are committed to finding creative ESI management solutions to help free clients from unnecessary information retention and to reduce costs to clients when litigation arises. We understand that document retention policies and schedules aren't "one size fits all," but must be tailored to industry practices and regulations.
We strive to give our clients the fullest value possible from their ESI collections. We share litigation databases with our clients and co-counsel, using extranets and web-based programs such as iCONECT and Sharepoint, and have built common repositories of ESI for clients who face multiple cases arising from a common set of practices or events. We use paperless databases to manage pleading files, correspondence and discovery documents, all of which can be opened to direct client access.
We don't simply rely on e-discovery consultants to do this work. We have a dedicated, full-time Litigation Support staff, not just IT staff that help us with electronic discovery on the side. These professionals have decades of combined experience supporting electronic discovery efforts using in-house database tools and working with well-known, highly qualified, e-discovery vendors.
Our Credentials
Sutherland attorneys remain at the forefront of the evolution of ESI through participation in The Sedona Conference, the nation's leading group of lawyers, consultants and jurists addressing ESI-related best practices.
Our articles addressing e-discovery have been published in the national media. We provided clients with early analysis of the amended rules and their practical effects and participated as panelists in forums addressing the rules changes.
We continue to train all of our litigators and paralegals in both the legal and technical aspects of e-discovery. Our team includes lawyers with formal training and experience in the information technology business, along with seasoned litigators who know how to use this information at trial.
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